In re Adoption of Baby AW a.k.a. CWM
The bottom line
#If you meet all legal requirements and prove suitability, the court will grant your adoption application.
What this practically means
#Executive summary
#Key legal issues
#Suitability of the applicants to adopt
The applicants were found suitable, financially stable and able to care for the child.
The court relied on the home study by the Kenya Children's Home Adoption Society, the society's approval of the applicants as suitable adoptive parents, successful bonding and placement, and the favourable report of the County Children's Coordinator filed after interviews and a home visit.
Compliance with legal requirements for adoption
All legal requirements were adhered to, including the child being declared free for adoption and final consents obtained.
The child was declared free for adoption with freeing certificate serial number 1312; the biological mother and grandmother signed a certificate of acknowledgement and a final consent; a guardian ad litem was appointed; and the Director of Children's Services investigated and filed a favourable report.
Citizenship of the child
The child was presumed to be a Kenyan citizen born of Kenyan parents.
The child was born at Kakamega General Hospital to a Kenyan biological mother, and the court, on the material before it including the Director of Children's Services report, presumed Kenyan citizenship to enable registration entries.
Legal principles established
#- An adoption order may issue where the court is satisfied that all legal requirements, including freeing of the child, consents, guardian ad litem appointment and a favourable Director of Children's Services report, have been met and the adoption serves the child's best interest.
Court orders
#- 1.The applicants be and are hereby authorized to adopt baby AW a.k.a CWM and the child be henceforth called CWA
- 2.Baby AW a.k.a CWM be and is hereby presumed to be a Kenyan Citizen having been born by Kenyan parents
- 3.The Registrar-General to make the appropriate entries in the Adopted Children's Register and the Registrar of Births and Deaths to issue a Birth Certificate in respect thereof
- 4.Costs be in the cause
- Jurisdiction invoked
- Adoption jurisdiction under the Children Act (originating summons for adoption authorized by the court; child presumed a Kenyan citizen)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "In re Adoption of Baby AW a.k.a. CWM", Case Analysis (2019). Originating Summons dated 19th June, 2017. Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.